Schultz v. Schultz
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Lawbehoe W. TIalsey, Circuit Judge. This action was brought to have $1,050, alleged to have been advanced by the plaintiff to the defendant William Schultz in the year 1889 to pay the'purchase price of the lot described, and $46.40, paid by the plaintiff for taxes on the premises in 1895 and 1896, adjudged to be a lien upon said premises prior to and paramount to the lien or claim of the defendant Augusta…
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Appeal from a judgment of the circuit court for Milwaukee county: Lawbehoe W. TIalsey, Circuit Judge. This action was brought to have $1,050, alleged to have been advanced by the plaintiff to the defendant William Schultz in the year 1889 to pay the'purchase price of the lot described, and $46.40, paid by the plaintiff for taxes on the premises in 1895 and 1896, adjudged to be a lien upon said premises prior to and paramount to the lien or claim of the defendant Augusta Schultz, whether by the judgment of divorce which she obtained from the defendant William Schultz April 3, 1897, or…
1Opinion of the CourtCassoday, C. J.
Two courts have found that the money advanced and loaned by the plaintiff to the defendant William was not so paid nor caused to be paid as a part of the purchase price of the lot. Nevertheless, counsel for the plaintiff contends that the finding should have been the other way. It is unnecessary to determine the question here, since the whole question was at issue and fully determined in the foreclosure action. The defendant Augusta was a defendant in that action. The plaintiff’s complaint therein alleged that she had, or claimed to have, some interest in or lien upon the mortgaged premises,…
2Cases cited4 opinions
- Hart v. MoultonWisconsin Supreme Court · 1899
- South Bend Chilled Plow Co. v. George C. Cribb Co.Wisconsin Supreme Court · 1900
- Keystone Lumber Co. v. KolmanWisconsin Supreme Court · 1899
- Huebschmann v. CotzhausenWisconsin Supreme Court · 1900
3Cited by1 opinion
- Schultz v. SchultzWisconsin Supreme Court · 1907